How Appealing

Monday, August 31, 2015

"Judges' procedural questions hint at skepticism on California death penalty ban": Maura Dolan of The Los Angeles Times has this report.

Bob Egelko of The San Francisco Chronicle reports that "Federal judges hint they'll bow out of challenge to death penalty."

Howard Mintz of The San Jose Mercury News reports that "California death penalty under court microscope."

In Tuesday's edition of The New York Times, Erik Eckholm will have an article headlined "California Defends Its Review Process in Appeal to Preserve Death Penalty."

Reuters reports that "Appeals court looks reluctant to overturn California death penalty."

And The Associated Press reports that "Court considers challenge to California death penalty."

You can view the video of today's oral argument before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 10:24 PM by Howard Bashman



"Supreme Court Says Kentucky Clerk Must Let Gay Couples Marry": Adam Liptak of The New York Times has this report.

Sandhya Somashekhar and Robert Barnes of The Washington Post report that "Supreme Court rejects county official's request in gay-marriage case."

David G. Savage of The Los Angeles Times has an article headlined "Kentucky clerk who refused to issue gay marriage licenses is out of luck: Supreme Court rejects her case."

Richard Wolf of USA Today reports that "Supreme Court says Kentucky clerk can't deny same-sex marriage licenses."

Greg Stohr of Bloomberg News reports that "Clerk Must Issue Gay-Marriage Licenses After High Court Rebuff."

Reuters reports that "U.S. Supreme Court denies Kentucky clerk request on gay marriage licenses."

And at "SCOTUSblog," Lyle Denniston has a post titled "Kentucky clerk loses on same-sex marriage plea."
Posted at 10:02 PM by Howard Bashman



"Supreme Court rules against clerk in gay marriage case": The Associated Press has a report that begins, "The U.S. Supreme Court has ruled against a Kentucky county clerk who says her Christian faith should exempt her from having to issue marriage licenses to same-sex couples."

You can access this evening's order of the U.S. Supreme Court at this link.

And in related coverage, The Louisville Courier-Journal has a news update headlined "Rowan clerk could face criminal prosecution."
Posted at 07:46 PM by Howard Bashman



"In the Execution Business, Missouri Is Surging; Defense lawyers call it a crisis; the state says it's just doing its job": Maurice Chammah has this article online today at The Marshall Project.
Posted at 04:27 PM by Howard Bashman


"US Supreme Court: Ex-Virginia gov to remain free for now." The Associated Press has this report.

And at "SCOTUSblog," Lyle Denniston has a post titled "Former governor to remain free during appeal."

You can access today's order of the U.S. Supreme Court at this link.
Posted at 04:25 PM by Howard Bashman



"[T]he government's continued authorization of the ["Big Mountain Jesus"] statue on federal land does not violate the Establishment Clause." So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit in a non-precedential ruling issued today (via "Mirror of Justice").
Posted at 01:24 PM by Howard Bashman


"U.S. appeals court rules for Argentine central bank in bond case": Nate Raymond of Reuters has this report.

And Bloomberg News reports that "Argentine Central Bank Assets Can't Be Seized by Bondholders."

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 01:07 PM by Howard Bashman



"Court to rule if California death penalty is cruel, unusual": The Associated Press has this report.
Posted at 01:00 PM by Howard Bashman


The death penalty in early America: In the September 7, 2015 issue of The New Yorker, Stacy Schiff has an "Annals of Terror" article titled "The Witches of Salem: In 1692, the Massachusetts Bay Colony executed fourteen women, five men, and two dogs for witchcraft."

Schiff's new book -- "The Witches: Salem, 1692" -- is scheduled for publication on October 27, 2015.
Posted at 10:10 AM by Howard Bashman



"Marshall Rothstein muses on nine years in Canada's Supreme Court; 'I do not view the court as being any opposition to the government,' retiring judge tells the Star; 'We're just trying to do our job'": Tonda MacCharles has this front page article in today's edition of The Toronto Star.
Posted at 08:22 AM by Howard Bashman


"Supreme Court's 'Long Conference': Where Appeals 'Go to Die.'" Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.

Liptak's report discusses, among other things, an article recently posted online at SSRN titled "Seasonal Affective Disorder: Clerk Training and the Success of Supreme Court Certiorari Petitions."
Posted at 08:15 AM by Howard Bashman



Sunday, August 30, 2015

"Off Their Front Porch: Protesters Have No Free-Speech Rights On Supreme Court Plaza; An appellate court ruled the Constitution doesn't apply with equal force on the high court's plaza." Cristian Farias of The Huffington Post has this report today.
Posted at 11:28 PM by Howard Bashman


"Kentucky clerk who opposes same-sex marriage turns to Supreme Court for help": David G. Savage of The Los Angeles Times has this report.
Posted at 11:26 PM by Howard Bashman


"ELB Podcast Episode 3: Larry Lessig: Bold Campaign Reformer or Don Quixote?" Rick Hasen has this post today at his "Election Law Blog."

And if you missed episode two of the ELB Podcast, it was titled "Floyd Abrams, Citizens United, Free Speech, and the Supreme Court."
Posted at 10:44 PM by Howard Bashman



"West Point professor calls on US military to target legal critics of war on terror; US military academy official William Bradford argues that attacks on scholars' home offices and media outlets -- along with Islamic holy sites -- are legitimate": Spencer Ackerman of The Guardian (UK) has this report.

You can view the article as published in the National Security Law Journal (whose home page now includes an apology for publishing the article) at this link.
Posted at 10:14 PM by Howard Bashman



"The Rehabilitationists: How a small band of determined legal academics set out to persuade the Supreme Court to undo the New Deal -- and have almost won." Brian Beutler has this article online at The New Republic.
Posted at 09:32 PM by Howard Bashman


Saturday, August 29, 2015

"California Death Penalty, Struck Down Over Delays, Faces Next Test": Erik Eckholm will have this article in Sunday's edition of The New York Times.

The three judges assigned to hear and decide the case being argued Monday in the U.S. Court of Appeals for the Ninth Circuit are Circuit Judges Susan P. Graber, Johnnie B. Rawlinson, and Paul J. Watford.
Posted at 10:37 PM by Howard Bashman



Friday, August 28, 2015

"Protesters have no free-speech rights on Supreme Court's front porch": Robert Barnes of The Washington Post has this report.
Posted at 08:50 PM by Howard Bashman


"Demonstrators Can't Use Supreme Court's Outdoor Plaza, Appeals Court Says": Jess Bravin has this post at WSJ.com's "Law Blog."
Posted at 07:30 PM by Howard Bashman


"A misleading story about Justice Thomas": Orin Kerr has this post today at "The Volokh Conspiracy."
Posted at 06:09 PM by Howard Bashman


"Gay couple turned away 3rd time by Rowan clerk": The Louisville Courier-Journal has this report.

And The Associated Press reports that "Clerk asks US Supreme Court to intervene in marriage case."
Posted at 04:33 PM by Howard Bashman



"D.C. appeals court lifts injunction against NSA's bulk-collection program": David G. Savage of The Los Angeles Times has this news update.

James Risen of The New York Times has a news update headlined "N.S.A. Phone Data Collection Backed by Appeals Court."

The Washington Post reports that "A D.C. appeals court has lifted an injunction against the NSA phone call records program."

Richard Wolf of USA Today reports that "Court upholds NSA sweep of phone records."

Stephen Dinan of The Washington Times reports that "Appeals court backs NSA phone-snooping, overturns Klayman victory."

And at "Just Security," Steve Vladeck had a post titled "Better Never Than Late? The D.C. Circuit's Problematic Standing Holding in Klayman."
Posted at 01:20 PM by Howard Bashman



"Sports Gambling Law Is Unfair to New Jersey": Law professor Noah Feldman has this essay online today at Bloomberg News.
Posted at 01:04 PM by Howard Bashman


"Appeals court upholds protest ban on Supreme Court plaza": Lawrence Hurley of Reuters has this report.

And The Associated Press reports that "Appeals court says Supreme Court can ban protests on plaza."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 11:56 AM by Howard Bashman



"Appeals court reverses ruling that found NSA program illegal": The Associated Press has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued today.

In other coverage, Lawrence Hurley of Reuters reports that "U.S. court rules for government over NSA metadata collection program."

And Bloomberg News reports that "U.S. Appeals Court Sends NSA Collection Challenge Back to Judge."
Posted at 11:52 AM by Howard Bashman



Thursday, August 27, 2015

"Ohio's nonsensical attack on abortion rights": This editorial appears in today's edition of The Los Angeles Times.
Posted at 10:56 PM by Howard Bashman


"Indiana justices hear challenge to BMV's license plate rules; State Supreme Court must decide whether agency's process on approving messages on personalized plates is unconstitutional or a necessary governmental right": The Indianapolis Star has a news update that begins, "The Indiana Supreme Court justices must decide whether the letters and numbers on a personalized license plate is a form of government speech that should be controlled, or a person's speech that should be protected by the First Amendment."
Posted at 07:52 PM by Howard Bashman


"A Supreme Court Justice of Few Words, Many of Them Other People's": Adam Liptak will have this article in Friday's edition of The New York Times discussing, among other things, a paper by Adam Feldman titled "A Brief Assessment of Supreme Court Opinion Language."
Posted at 06:11 PM by Howard Bashman


"Arkansas's Mixed Religious Messages": Online at Bloomberg View, Noah Feldman has an essay that begins, "Arkansas, which is poised to erect a new Ten Commandments monument on the grounds of its state capitol, has just rejected a request by a Hindu group to erect a statue of the god Hanuman there."
Posted at 06:03 PM by Howard Bashman


"Record Breaking Term for Amicus Curiae in Supreme Court Reflects New Norm": Anthony J. Franze and R. Reeves Anderson recently had this essay in The National Law Journal.
Posted at 06:00 PM by Howard Bashman


"New SCOTUS briefs: 2nd Circuit didn't change insider trading law in Newman case." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 05:55 PM by Howard Bashman


"Senate Leaders on Target to Break Obstruction Record": Judith E. Schaeffer has this judicial vacancy-related blog entry online at The Huffington Post.
Posted at 04:42 PM by Howard Bashman


Bryan Garner interviews Justice Elena Kagan about legal writing: You can access the video segments via this link (h/t Tony Mauro).
Posted at 04:38 PM by Howard Bashman


Ninth Circuit rejects constitutional challenge to federal statute criminalizing sexual abuse that occurs in state or local jails where federal detainees are held pursuant to a contract with a federal agency: You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 02:05 PM by Howard Bashman


"[D]efense counsel June K. Ghezzi was subsequently ordered to produce a discovery training video dealing with the impropriety of form objections, witness coaching, and excessive interruptions and to distribute the video to most of the attorneys [at Jones Day]." Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued a decision overturning that sanction.
Posted at 01:52 PM by Howard Bashman


"Is This Adversary Procedure? 'Dr.' Posner's Potent Prescription." Evan Bernick has this blog entry online today at The Huffington Post.
Posted at 01:25 PM by Howard Bashman


"'Sister Wives' family points to same-sex marriage cases in arguing against Utah polygamy ban": "The Polygamy Blog" of The Salt Lake Tribune has a post that begins, "The family of Kody Brown on Wednesday answered Utah's appeal to reinstate a ban on polygamy, and the family's brief is notable for what's there now that wasn't before."

You can access at this link the Brief of Appellees filed yesterday in the U.S. Court of Appeals for the Tenth Circuit.
Posted at 12:14 PM by Howard Bashman



"From the Bench, a New Look at Punishment": Stephanie Clifford will have this article in Friday's edition of The New York Times.
Posted at 10:48 AM by Howard Bashman


"Doubting Jennifer Herndon: An appeals lawyer who has represented more than a half-dozen men put to death in Missouri faces questions about her competency." Ken Armstrong of The Marshall Project has this report.
Posted at 10:44 AM by Howard Bashman


"Richard family's stance would have influenced Tsarnaev juror": Patricia Wen of The Boston Globe has an article that begins, "One of the 12 jurors who agreed to sentence Boston Marathon bomber Dzhokhar Tsarnaev to death said he 'probably' would have changed his mind if he had known that some victims opposed capital punishment in the case."

The article reports on a WBUR-FM audio segment titled "'Juror 83' Is First Tsarnaev Juror To Speak About Trial Experience, Death Penalty Decision."
Posted at 10:42 AM by Howard Bashman



"What's next in N.J''s sports betting bid after court rejects plan?" NJ.com has this report. Earlier, NJ.com reported that "Federal appeals court rejects N.J.'s latest bid for legal sports betting."

The Record of Hackensack, New Jersey reports that "Federal ban on N.J. sports betting upheld by appeals panel."

Yesterday's edition of The New York Times contained an article headlined "New Jersey's Effort to Legalize Sports Betting Is Denied on Appeal."

In yesterday's edition of The Philadelphia Inquirer, Chris Mondics had an article headlined "Federal judges overturn N.J. sports betting law again."

Bloomberg News reports that "Christie-Backed Betting Law in New Jersey Blocked by Court."

Reuters reports that "U.S. appeals court rules against New Jersey sports betting law."

And The Associated Press reports that "Federal ban on sports betting upheld by appeals panel."

You can access Tuesday's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit at this link. Because a senior Third Circuit judge provided the decisive vote (Donald Trump's sister, in fact), this case would appear to have a better than average chance at rehearing en banc.
Posted at 09:18 AM by Howard Bashman



"Virgin Islands firm, like Amtrak, a public entity -- court": Reuters has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued on Tuesday.
Posted at 09:07 AM by Howard Bashman


"Pa. Bar Reciprocity Rule Is Constitutional, 3rd Circ. Says": Andrew Strickler of Law360.com has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 09:04 AM by Howard Bashman


"Court upholds broad FOIA fee exemption for media & groups": Josh Gerstein of Politico.com has this blog post discussing a ruling that the U.S. Court of Appeals for the D.C. Circuit issued on Tuesday.
Posted at 08:56 AM by Howard Bashman


"U.S. court rejects Republican challenge to SEC pay-to-play rule": Reuter has this report.

And The Associated Press reports that "Appeals court rejects challenge to SEC 'pay-to-play' rule."

You can access Tuesday's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 08:54 AM by Howard Bashman



Wednesday, August 26, 2015

"Appeals court denies stay for Rowan Co. clerk": The Louisville Courier-Journal has this news update.

And The Associated Press reports that "Appeals court upholds gay marriage ruling in Kentucky."

You can access today's order of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 05:27 PM by Howard Bashman



"What's the Difference? How Sandra Day O'Connor, Ruth Bader Ginsburg, and Sonia Sotomayor brought wisdom to the Supreme Court." Linda Hirshman has this jurisprudence essay online today at Slate.
Posted at 03:09 PM by Howard Bashman


"Hunter Who Baitied Elk With Salt Loses Appeal": Courthouse News Service has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued yesterday.
Posted at 01:42 PM by Howard Bashman


"Did Obergefell settle the same-sex marriage issue?" Lyle Denniston has this post today at "SCOTUSblog."
Posted at 01:34 PM by Howard Bashman


"Jeb Bush distances himself from brother, father on judicial nominations": David Sherfinski of The Washington Times has this report.
Posted at 01:30 PM by Howard Bashman


Tuesday, August 25, 2015

"Adnan Syed's defense attorney says he has new evidence to overturn conviction": Justin Fenton of The Baltimore Sun has this report.

And The Associated Press has a report headlined "New motion on evidence used to convict 'Serial' killer."
Posted at 08:54 PM by Howard Bashman



"Gay, straight couples say 'I do' to Justice Kennedy's words": Jessica Gresko of The Associated Press has this report.
Posted at 08:49 PM by Howard Bashman


"Is a ballot-booth selfie free speech, or a threat to the sanctity of the secret vote?" Robert Barnes had this article in yesterday's edition of The Washington Post.
Posted at 08:42 PM by Howard Bashman


"Can the Supreme Court Force Congress to Own the War on ISIS? Judicial intervention may be the only way left to break the political impasse on authorizing Obama's use of force." Law professor Bruce Ackerman has this essay online today at The Atlantic.
Posted at 09:52 AM by Howard Bashman


"Abortion and Down Syndrome": Today's edition of The New York Times contains an editorial that begins, "It is tempting to dismiss the latest anti-choice salvo from Ohio lawmakers, which would criminalize abortions based on a fetal diagnosis of Down syndrome, as a blatantly unconstitutional ploy that would never be enforced."
Posted at 09:48 AM by Howard Bashman


"Too Many Law Students, Too Few Legal Jobs": Steven J. Harper has this op-ed in today's edition of The New York Times.
Posted at 09:45 AM by Howard Bashman


Monday, August 24, 2015

"Appeals Court Affirms FTC Authority Over Corporate Data-Security Practices; Challenge by Wyndham has been seen as a test of the commission's powers": Brent Kendall of The Wall Street Journal has this report.

Jonathan Stempel of Reuters has a report headlined "FTC has power to police cyber security: appeals court."

Bloomberg News reports that "Wyndham Must Face Hacker Suit as Court Upholds FTC Power."

Megan Geuss of Ars Technica reports that "FTC can sue companies with poor information security, appeals court says; Court says Wyndham hotels practices could be considered 'unfair' and 'deceptive.'"

And Alison Frankel's "On the Case" from Thomson Reuters News & Insight has a report headlined "Thanks to 3rd Circuit, companies are accountable for lax cybersecurity."

You can access today's ruling of the U.S. Court of Appeals for the Third Circuit at this link.
Posted at 10:48 PM by Howard Bashman



"From Whitewater to Email: the Clintons' Dogged Lawyer." Peter Baker has this front page article in today's edition of The New York Times.
Posted at 10:34 PM by Howard Bashman


"Abortion Rights vs. Disability Rights in Ohio": Law professor Noah Feldman has this essay online today at Bloomberg View.
Posted at 10:30 PM by Howard Bashman


"Selfies in Voting Booths Raise Legal Questions on Speech and Secrecy": Erik Eckholm will have this article in Tuesday's edition of The New York Times.
Posted at 10:26 PM by Howard Bashman


Sunday, August 23, 2015

Programming note: I will be visiting Atlanta, Georgia for the next several days. As a result, posts will appear on a more relaxed schedule during that period. Regular posting will resume on Wednesday morning.

As is often the case when I am on the road, more frequent updates may appear on this blog's Twitter feed.
Posted at 07:50 AM by Howard Bashman



"U.S. Supreme Court ruling could affect local sign policies": The Ledger of Lakeland, Florida has this report.
Posted at 07:48 AM by Howard Bashman


Saturday, August 22, 2015

"Ohio Bill Would Ban Abortion if Down Syndrome Is Reason": Sunday's edition of The New York Times will contain this front page article.
Posted at 11:42 PM by Howard Bashman


"Chris Christie makes a Supreme Court promise": CBS News has a report that begins, "New Jersey Gov. Chris Christie on Thursday pledged that if elected president, his first Supreme Court nominee would not be a Harvard Law or Yale Law School graduate."
Posted at 11:33 PM by Howard Bashman


"Death penalty, murder case rulings expose rift in high court": The Associated Press has this report from Connecticut.
Posted at 11:32 PM by Howard Bashman


"From Supreme Court to Southfield: DeBoer and Rowse marry." The Detroit Free Press has this news update.

And The Associated Press reports that "Michigan couple that challenged gay marriage ban wed."
Posted at 11:22 PM by Howard Bashman



"Could Birthright Citizenship Be Undone? Touting constitutional amendments on the campaign trail is more likely to rally voters than to produce changes in the law." Matt Ford has this article online at The Atlantic.
Posted at 01:18 PM by Howard Bashman


"The War That Congress Won't Declare: What happens when the legislature refuses to discharge its constitutionally assigned responsibilities?" Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 01:12 PM by Howard Bashman


"What Students Post Online Can Get Them Suspended": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 01:10 PM by Howard Bashman


"9th Circuit's Mortgage Interest Deduction Decision Adds To Tax Code's Marriage Penalty": Paul Caron has this post today at his "TaxProf Blog."
Posted at 01:02 PM by Howard Bashman


Friday, August 21, 2015

"U.S. appeals court stays ruling on nuns challenge to contraception mandate": Reuters has this report on an order that the U.S. Court of Appeals for the Tenth Circuit issued today.
Posted at 08:47 PM by Howard Bashman


"Taser defeats appeal over weapon's role in Michigan boy's death": Jonathan Stempel of Reuters has this report.

My earlier coverage of today's Sixth Circuit ruling appears at this link.
Posted at 08:14 PM by Howard Bashman



"Obama administration rebuffs Iranian central bank's SCOTUS bid in terror case": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 08:11 PM by Howard Bashman


"Argentina urges U.S. appeals court to toss debt class-action ruling": Nate Raymond of Reuters has this report.
Posted at 03:08 PM by Howard Bashman


"U.S. appeals court upholds minimum wage for home-care workers": Lawrence Hurley of Reuters has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

In other coverage, Sam Hananel of The Associated Press reports that "Appeals court reinstates wage rules for home care workers."

And Bloomberg News reports that "Home-Care Workers Win Right to Get Overtime Pay, Minimum Wage."
Posted at 01:50 PM by Howard Bashman



"'No excuse' for teen's Taser death, mother says": CNN.com had this report back in May 2009.

Today, a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued a decision affirming the district court's entry of summary judgment in favor of Taser International, Inc. on the plaintiff's claims for negligence and failure-to-warn. Circuit Judge Jeffrey S. Sutton wrote the majority opinion.
Posted at 01:42 PM by Howard Bashman



"Supreme Court tosses ruling in favor of ObamaCare mandate": The Hill had this report in April 2015. (My earlier coverage of that order appears at this link.)

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this decision reaching the same result that the Sixth Circuit reached when it originally decided the case.

My earlier coverage of the Sixth Circuit's original ruling can be accessed here.
Posted at 01:24 PM by Howard Bashman



"How the Supreme Court used a made-up statistic to expand sex offender registries": German Lopez has this post online at Vox.
Posted at 01:12 PM by Howard Bashman


"Assault: from the Canterbury Tales to the videotape." Benjamin Gould has this post today at his "Appellate Briefs" blog.

My earlier coverage of yesterday's Seventh Circuit ruling appears at this link.
Posted at 01:05 PM by Howard Bashman



"Are Minor Leaguers Paid Legal Wages?" Mary Pilon had this post online yesterday at The New Yorker.
Posted at 11:06 AM by Howard Bashman


"Term limits and the Supreme Court: Is it bad to have a bunch of old judges?" Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 09:15 AM by Howard Bashman


"Court upholds student's suspension for posting rap song": The Associated Press has this report.

My earlier coverage of yesterday's Fifth Circuit en banc ruling can be accessed here.
Posted at 08:57 AM by Howard Bashman



"Class Calling P&G's Align 'Snake Oil' Certified": Courthouse News Service has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued yesterday.
Posted at 08:44 AM by Howard Bashman


Thursday, August 20, 2015

"Man gets 5-year sentence after throwing chair at cop": In August 2014, The Chicago Sun-Times published an article that begins, "A black plaintiff who threw a courtroom chair at a white Joliet cop after he lost a civil rights trial was on Thursday sentenced to five years in prison for 'assault with a dangerous weapon.'"

Today, in an opinion written by Circuit Judge Richard A. Posner, a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit affirmed the defendant's conviction and sentence.
Posted at 11:42 PM by Howard Bashman



"7th Circuit Creates Circuit Split: Non-Citizens are 'The People' Under the Second Amendment." Josh Blackman has this post at his blog discussing a decision that a divided three-judge panel of the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 11:37 PM by Howard Bashman


"Markel estate intends to sue CDA": Sean Rossman of The Tallahassee Democrat has this report.
Posted at 09:12 PM by Howard Bashman


"Anonymous Internet subscriber revealed in Stephenson County libel case": The Journal-Standard of Freeport, Illinois has a news update that begins, "A Freeport attorney who has worked for various county departments since 1998 is the anonymous Internet subscriber who is accused by Stephenson County Board Chairman Bill Hadley of posting a libelous online comment."

And The Associated Press reports that "Comcast reveals subscriber in online comments case."
Posted at 09:04 PM by Howard Bashman



"U.S. Urges Supreme Court to Reject Iran Central Bank's Appeal on Judgments for Terrorism Victims; Solicitor general asks high court to let stand lower-court rulings on $2 billion in frozen assets": Brent Kendall of The Wall Street Journal has this report.
Posted at 07:15 PM by Howard Bashman


"Pa. Supreme Court will hear appeal of corruption conviction of ex-Rep. Mike Veon": Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report.

And The Pittsburgh Tribune-Review reports that "Pennsylvania Supreme Court to hear Mike Veon's appeal."

You can access today's order of the Supreme Court of Pennsylvania at this link.
Posted at 05:00 PM by Howard Bashman



"The benefit of friends: Big business goes after class actions in SCOTUS Tyson case." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 04:55 PM by Howard Bashman


"Benchslaps Fly Over Judges Doing Factual Research On The Internet": David Lat has this post at "Above the Law."
Posted at 04:50 PM by Howard Bashman


"House lawsuit against Obama is turning into a real problem for the president": David G. Savage has this article in today's edition of The Los Angeles Times.
Posted at 02:46 PM by Howard Bashman


The Pa. Superior Court has affirmed a $4 million judgment in a prescription drug personal injury appeal that I argued on behalf of the plaintiffs-appellees in late October 2014: Today's ruling consists of a majority opinion and a dissenting opinion (concerning an issue of Virginia law).

My oral argument preview post contained a link to my clients' Brief for Plaintiffs-Appellees.

I argued this case last October together with a related case that produced a unanimous ruling in favor of the plaintiffs (also my clients) in March 2015, as noted in this earlier post.
Posted at 02:25 PM by Howard Bashman



"Dr. Posner Will See You Now: 7th Circuit Judges Reignite a Spirited Debate over Judicial Internet Research." Thomas L. Shriner, Jr. has this post today at the "Wisconsin Appellate Law" blog.

My earlier coverage of yesterday's Seventh Circuit ruling can be accessed here and here.
Posted at 01:54 PM by Howard Bashman



En banc Fifth Circuit decides student off-campus First Amendment free speech dispute in Taylor Bell v. Itawamba County School Board: You can access today's en banc ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

The Associated Press covered the Fifth Circuit's previous actions in the case in articles headlined "Miss. student wins challenge to rap song suspension" (reporting on the divided three-judge panel's original ruling) and "Mississippi student back in court over rap song" (reporting on the Fifth Circuit's grant of rehearing en banc).

The student did not prevail in today's en banc ruling.
Posted at 01:46 PM by Howard Bashman



"How Texas Could Set National Template for Limiting Abortion Access": Kim Soffen has this article in today's edition of The New York Times.
Posted at 01:30 PM by Howard Bashman


"Justice Dept. Presses Civil Rights Agenda in Local Courts": Matt Apuzzo has this front page article in today's edition of The New York Times.
Posted at 01:28 PM by Howard Bashman


"Raisin ruling seen as lifeline for endangered species": Jeremy P. Jacobs of Greenwire has this report.
Posted at 01:26 PM by Howard Bashman


"The Liberty to End One's Life: How the marriage equality movement led the way for death with dignity." Mark Joseph Stern has this jurisprudence essay online at Slate.
Posted at 01:24 PM by Howard Bashman


"Ten Years of the Roberts Court: Current and former Assistant Solicitors General, who have argued dozens of cases before the Supreme Court, talked about the first ten years of the Roberts Court and predict what's ahead in the coming term." C-SPAN has posted the video of this recent panel discussion at this link. Added bonus -- only moments into the video you can hear Kannon K. Shanmugam pronounce his own name.
Posted at 12:15 PM by Howard Bashman


"[W]e consider whether Congress may prohibit individuals from engaging in non-commercial 'illicit sexual conduct' after they 'travel in foreign commerce.'" Yesterday, a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued a decision rejecting a Foreign Commerce Clause challenge to the constitutionality of 18 U.S.C. sec. 2423(c).
Posted at 11:58 AM by Howard Bashman


"Appeals court: Prenda lawyer who drained cash from his law firm must pay up; 'Piercing the corporate veil' of Paul Hansmeier's law firm was justified." Joe Mullin of Ars Technica has this report on an unpublished opinion that the Minnesota Court of Appeals issued Monday.
Posted at 11:52 AM by Howard Bashman


"Who Wins in the Supreme Court? An Examination of Attorney and Law Firm Influence." Adam Feldman has posted this article online at SSRN (via Bloomberg BNA).
Posted at 11:47 AM by Howard Bashman


"Copyright Case Asks: What is a Cheerleading Uniform?" Jacob Gershman has this post at WSJ.com's "Law Blog" about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued yesterday.
Posted at 11:44 AM by Howard Bashman


"Dissenter blasts Posner's Internet research in inmate's suit over acid reflux treatment": Debra Cassens Weiss has this post online today at the ABA Journal.

And Josh Blackman has a blog post titled "Judicial Fact-Finding Run Amok: Dr. Posner Cites MayoClinic.org To Contradict Expert Witness's Testimony."

My earlier coverage of yesterday's Seventh Circuit ruling can be accessed here.

One of the more interesting aspects of yesterday's ruling is the fact that the blistering dissent, in a case that ruled in favor of a prisoner in a healthcare access lawsuit, was written by perhaps the Seventh Circuit's most liberal judge on matters of prisoner rights, Circuit Judge David F. Hamilton.
Posted at 11:37 AM by Howard Bashman



"Talking About the Death Penalty, Court to Court": Linda Greenhouse has this essay online today at The New York Times.
Posted at 08:52 AM by Howard Bashman


Wednesday, August 19, 2015

Judge Posner and internet research: The U.S. Court of Appeals for the Seventh Circuit issued this ruling today in which all three judges on the panel wrote separately.

Circuit Judge Richard A. Posner wrote the majority opinion, which includes an appendix responding to the dissent.

Circuit Judge Ilana Diamond Rovner issued a concurring opinion that begins, "A disagreement about the outcome of this relatively simple case has morphed into a debate over the propriety of appellate courts supplementing the record with Internet research."

And Circuit Judge David F. Hamilton issued an opinion concurring in part and dissenting in part. In dissenting, Judge Hamilton writes, "the reversal is unprecedented, clearly based on 'evidence' this appellate court has found by its own internet research."

This ruling will no doubt rekindle the debate about the extent to which appellate courts can and should perform independent factual research in deciding an appeal.
Posted at 11:58 PM by Howard Bashman



"Full court won't rehear ex-Gov. Blagojevich's appeal": The Associated Press has this report.

You can view today's order of the U.S. Court of Appeals for the Seventh Circuit denying rehearing en banc at this link.
Posted at 12:56 PM by Howard Bashman



"Ohio Intended To Illegally Import Execution Drugs, FDA Letter Says; An FDA document says Ohio intends to import the drug, citing 'information received by the agency'; It's illegal to import the drug": Chris McDaniel of BuzzFeed News has this report.

And online at The News & Observer of Raleigh, North Carolina, Mark White and Gerald Kogan have an essay titled "On death penalty drugs, what does NC have to hide?"
Posted at 11:40 AM by Howard Bashman



"Another Chance To Clean Up 'Trial by Formula' Class Actions": Andrew M. Grossman has this post at the "Cato on Liberty" blog.
Posted at 11:36 AM by Howard Bashman


"College athletes look to antitrust case as best hope for payday": Reuters has this report.
Posted at 11:33 AM by Howard Bashman


"The Supreme Court could use some fixing": This editorial appeared in yesterday's edition of The Los Angeles Times.
Posted at 11:32 AM by Howard Bashman


"Appeals court won't reinstate 1990 arson-murder conviction": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 11:22 AM by Howard Bashman


"The Sixth Circuit Says No to 'Butt Dial' Privacy": Law professor Sherry F. Colb has this essay online today at Justia's Verdict.
Posted at 11:15 AM by Howard Bashman


Tuesday, August 18, 2015

"Texas lost when it thought it had won. The cost: $1 million." Lyle Denniston has this post at "SCOTUSblog" reporting on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 09:42 PM by Howard Bashman


"SCOTUSblog on camera: Neal Katyal (Part one)." This post, the first of five parts, appears today at "SCOTUSblog."

And you can view the remaining four parts via this link.
Posted at 09:05 PM by Howard Bashman



"5 NOPD officers will get new trial in Danziger Bridge case, appeals court rules": Andy Grimm of The Times-Picayune of New Orleans has this news update.

And The Associated Press reports that "New trial upheld for 5 ex-cops in post-Katrina shootings."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 08:40 PM by Howard Bashman



"Court restores activist Salvador Reza's case vs. Russell Pearce; Former Arizona Senate President Russell Pearce violated the first amendment rights of immigration activist Salvador Reza by barring him from the Senate building in 2011": Michael Kiefer of The Arizona Republic has this news update.

Howard Fischer of The Arizona Daily Star has a news update headlined "Court: Activist was unjustifiably banned from AZ Senate."

And The Associated Press reports that "Court revives activist's suit against ex-Arizona Senate president Russell Pearce."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 08:32 PM by Howard Bashman



"Familiar Talk on Women, From an Unfamiliar Trump": This article about Senior Third Circuit Judge Maryanne Trump Barry will appear in Wednesday's edition of The New York Times.
Posted at 06:06 PM by Howard Bashman


"U.S. court backs companies' free speech over conflict minerals": Reuters has a report that begins, "A U.S. appeals court declared on Tuesday that the Securities and Exchange Commission cannot force public companies to declare whether their products may contain 'conflict minerals' from a war-torn part of Africa because it violates their free speech."

You can access today's ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 02:00 PM by Howard Bashman



"Confirming federal judges during the final two years of the Obama administration: Vacancies up, nominees down." Russell Wheeler has this post today at the "FixGov" blog of the Brookings Institution.
Posted at 01:40 PM by Howard Bashman


"Why the selfie is a threat to democracy": Law professor Richard L. Hasen, author of the "Election Law Blog," has this essay online at Reuters.
Posted at 01:32 PM by Howard Bashman


First Circuit confirms that the Seventh Amendment right to a jury trial in certain civil cases does not extend to non-federal courts in Puerto Rico: You can access yesterday's per curiam ruling of the U.S. Court of Appeals for the First Circuit at this link.
Posted at 11:47 AM by Howard Bashman


"Lawyers for Boston bomber seek new trial in new location": Reuters has this report.
Posted at 11:44 AM by Howard Bashman


"Judges switch roles: Dems uphold drug conviction, Rep says it was entrapment." Bob Egelko of The San Francisco Chronicle has this blog post about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 11:40 AM by Howard Bashman


"Q&A: Explaining 'Birthright Citizenship'" Jess Bravin has this post today at WSJ.com's "Washington Wire" blog.
Posted at 11:37 AM by Howard Bashman


"Judge: No Rowan Co. same-sex marriages for now." This front page article appears in today's edition of The Louisville Courier-Journal.

The Associated Press reports that "Gay couples win, but still lose after Kentucky judge's order."

And Reuters reports that "U.S. judge stays order for Kentucky clerk on gay marriage licenses."

You can access yesterday's ruling of the U.S. District Court for the Eastern District of Kentucky at this link.
Posted at 11:35 AM by Howard Bashman



"In surprise move, Senate Democrats adjourn special session": Jim Nolan has this front page article in today's edition of The Richmond Times-Dispatch.

According to the article, "The move, if it holds up to a parliamentary challenge by Republicans, will enable Gov. Terry McAuliffe to reappoint Supreme Court Justice Jane Marum Roush to another interim term when her current term expires in mid-September."
Posted at 11:30 AM by Howard Bashman



Monday, August 17, 2015

"Teacher sues student over 'smears' that 'their six-year affair started when she was still at school'": The Daily Mail (UK) had this report back in March 2011.

Today, the Supreme Court of Pennsylvania, on certified question from the U.S. Court of Appeals for the Third Circuit, ruled 4-to-1 that the so-called "judicial privilege" does not apply to the former student's statements under the circumstances of this case. Today's ruling consists of a majority opinion, two concurring opinions (here and here) and a dissenting opinion.
Posted at 05:38 PM by Howard Bashman



"An Ex-Player at the Center of the N.F.L. Concussion Settlement Dispute": Ken Belson has this article in today's edition of The New York Times.
Posted at 02:38 PM by Howard Bashman


"Court's Free-Speech Expansion Has Far-Reaching Consequences": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 01:24 PM by Howard Bashman


"NFL retirees object to concussion settlement": Jonathan Stempel of Reuters has this report.
Posted at 01:20 PM by Howard Bashman


"Board dismisses ruling to allow college athletes to unionize": The Associated Press has this report.

The New York Times reports that "N.L.R.B. Says Northwestern Football Players Cannot Unionize."

The Chicago Tribune reports that "Northwestern football union petition dismissed by labor board."

Reuters reports that "U.S. labor board dismisses Northwestern football players' union bid."

Bloomberg News reports that "Northwestern Football Players Cannot Form Union, NLRB Rules."

And The Daily Northwestern reports that "NLRB declines to rule on Northwestern union, ending CAPA movement."

You can access today's unanimous ruling of the National Labor Relations Board at this link. And a related news release from the Office of Public Affairs of the NLRB can be accessed here.
Posted at 01:09 PM by Howard Bashman



"Grand juror in Michael Brown case appeals gag order on panel": The Associated Press has this report on an appeal to the U.S. Court of Appeals for the Eighth Circuit.
Posted at 10:52 AM by Howard Bashman


"New lawsuit's goal: Secure right-leaning judicial panel." Jeremy P. Jacobs of Greenwire has this report.
Posted at 10:42 AM by Howard Bashman


"Supreme Court fight could define redistricting session": Jim Nolan of The Richmond Times-Dispatch has an article that begins, "State lawmakers return to Richmond on Monday for a special session on congressional redistricting that might end up being defined by an equally partisan battle over who should sit on the state's highest court."
Posted at 09:02 AM by Howard Bashman


"Vestavia same-sex couple adoption OK'd before U.S. Supreme Court ruling": Kent Faulk of The Birmingham News has this report.
Posted at 08:54 AM by Howard Bashman


"One Supreme Court Appointee Can Make a Difference": Ashton Pittman has this essay online today at The New York Times as part of a "Room for Debate" discussion titled "What College Students Care About."
Posted at 08:50 AM by Howard Bashman


"Connecticut Death Penalty Ruling Stirs Painful Memories of 3 Grisly Killings": This article appeared in Saturday's edition of The New York Times.
Posted at 08:47 AM by Howard Bashman


"Stevens looks forward to return to Superior Court": The Standard Speaker of Hazleton, Pennsylvania has an article that begins, "Correale Stevens will rejoin the Pennsylvania Superior Court when his temporary term on the state's Supreme Court concludes at the end of the year."
Posted at 08:46 AM by Howard Bashman


"US Supreme Court Justice Promotes Equality, Free Press in Vietnam": Voice of America has this report.
Posted at 08:42 AM by Howard Bashman


"In 2016, your vote counts for Supreme Court; With 3 justices older than 80 by inauguration, titanic battle on the way": Tony Mauro has this essay online at USA Today.
Posted at 08:40 AM by Howard Bashman


Sunday, August 16, 2015

"When Public Servants Refuse to Serve the Public: Government employees have an obligation to follow the letter of the law despite their religious convictions -- or else resign the offices they hold." Law professor Garrett Epps has this essay online today at The Atlantic.
Posted at 11:45 PM by Howard Bashman


"The Trials of Ed Graf: In 1988, he was convicted of killing his stepsons -- based on arson science we now know is bunk; A quarter of a century later, Texas granted him a new trial, one that pitted modern forensics against old-fashioned Texas justice." Jeremy Stahl has this jurisprudence essay online at Slate.
Posted at 10:07 PM by Howard Bashman


"Exclusion of Blacks From Juries Raises Renewed Scrutiny": Adam Liptak will have this article in Monday's edition of The New York Times.
Posted at 09:40 PM by Howard Bashman


"Who needs en banc? Not 2nd Circ. panel in London Whale derivative case." Alison Frankel's "On the Case" from Thomson Reuters News & Insight had this report on Friday.
Posted at 02:56 PM by Howard Bashman


"How Do You Solve a Problem Like Scalia?" Kenneth Jost has this post today at his blog, "Jost on Justice."
Posted at 09:14 AM by Howard Bashman


Saturday, August 15, 2015

"Supreme Court appointment conflict comes to a head Monday": The Roanoke Times has this report.

And The Washington Post reports that "GOP senator hints he will not agree to replace Roush on Va. Supreme Court."
Posted at 01:32 PM by Howard Bashman



"After Supreme Court Ruling, Questions Arise On Death Row Inmates": Alaine Griffin of The Hartford Courant has this report.

And online at The New Yorker, Lincoln Caplan has a post titled "A Strong Argument Against Capital Punishment."
Posted at 01:28 PM by Howard Bashman



"Supreme Court's Gay-Marriage Ruling Allows Something Else: Gay Divorce; Some same-sex couples have been waiting years to divorce; June's decision means they can." Lindsay Ellis has this article in today's edition of The Wall Street Journal. You can freely access the full text of the article via Google.
Posted at 01:25 PM by Howard Bashman


"Angola death row heat case may head to U.S. Supreme Court after 5th Circuit rejects inmates' rehearing request; Death-row inmates say extreme temps a health hazard": The Advocate of Baton Rouge, Louisiana has this report.
Posted at 01:18 PM by Howard Bashman


"The Affordable Care Act in court: Obamacare's haters won't stop hating." Steven Mazie has this post at the "Democracy in America" blog of The Economist.
Posted at 01:15 PM by Howard Bashman


"Will Supreme Court force DHS to divulge secret plan to cut cell service? Feds, lower courts say release of the full plan would 'endanger' public safety." David Kravets of Ars Technica has this report today.
Posted at 01:14 PM by Howard Bashman


"Corpus Linguistics in the Courts (Again)": Gordon Smith had this post yesterday at "The Conglomerate" (via "Language Log").

You can access yesterday's ruling of the Supreme Court of Utah at this link.
Posted at 10:02 AM by Howard Bashman



Friday, August 14, 2015

"New justice debuts in case on fatal crash": Bob Egelko of The San Francisco Chronicle has a blog post that begins, "A city that plants a tree in a potentially dangerous place in the median of a heavily traveled street can't avoid responsibility for a fatal crash just because the crash was caused by another driver. That was the conclusion of the California Supreme Court this week in the first majority opinion by Gov. Jerry Brown's most recent appointee, Justice Leondra Kruger."

You can access yesterday's unanimous ruling of the Supreme Court of California at this link.
Posted at 11:30 PM by Howard Bashman



"Death penalty ruling may pave way for national abolitionists": The Associated Press has a report that begins, "A sweeping decision this week by the Connecticut Supreme Court that found the death penalty no longer meets society's evolving standards of decency could be influential across a nation that is increasingly questioning the practice, legal experts said."
Posted at 04:12 PM by Howard Bashman


"Judge Quotes Samuel Alito In Ruling Against Alabama Abortion Restriction": Tierney Sneed of TPM DC has this report today.

In other coverage, Brian Lyman of The Montgomery Advertiser has a news update headlined "Federal judge: Ala. abortion regulation harms women."

And AL.com reports that "Federal judge temporarily blocks rule that had halted abortions at Tuscaloosa clinic."

You can access yesterday's ruling of the U.S. District Court for the Middle District of Alabama at this link.
Posted at 04:08 PM by Howard Bashman



"Pa. man loses court bid to keep the Obamacare plan he liked; Says White House carve-outs picked winners and losers": Tom Howell Jr. of The Washington Times has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 03:38 PM by Howard Bashman


"Appeals court backs dismissal of Lauren Spierer lawsuit": Fox59 News via The Indianapolis Star has this report on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued today.
Posted at 03:36 PM by Howard Bashman


"Prenda-linked copyright trolling lawyer Paul Duffy dead at age 55; The Cook County Medical Examiner has not yet declared a cause of death": Megan Geuss of Ars Technica has this report today.
Posted at 02:09 PM by Howard Bashman


"Man says ruling will bring his preaching to screeching halt at Iowa State Fair": CNN.com had this report back in August 2014.

Today, a partially divided three-judge panel of the U.S. Court of Appeals for the Eighth Circuit issued this ruling on the man's appeal from the denial in part of his request for a preliminary injunction.
Posted at 01:52 PM by Howard Bashman



"Appeals court tosses Arpaio's challenge to 'dreamer' laws": Howard Fischer of The Arizona Daily Star has this news update.

Brent Kendall of The Wall Street Journal has a news update headlined "Federal Appeals Court Rejects Sheriff Arpaio's Lawsuit on Obama Immigration Policies; U.S. government still facing a more prominent case out of Texas, which involves 26 states." You can freely access the full text of the article via Google.

Stephen Dinan of The Washington Times has a news update headlined "Appeals court rejects Arpaio challenge to Obama deportation amnesty; Judge says amnesty 'arguably crosses the line.'"

Lawrence Hurley of Reuters reports that "Court throws out Arizona sheriff's immigration policy challenge."

Ariane de Vogue of CNN.com reports that "Appeals court drops Joe Arpaio immigration case."

And Josh Gerstein of Politico.com has a blog post titled "Court rejects suit over Obama immigration moves."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:44 PM by Howard Bashman



"Blue Ash mini horse lawsuit dismissed": This article appeared in The Cincinnati Enquirer back in July 2014.

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued a decision reinstating part of the lawsuit.
Posted at 01:24 PM by Howard Bashman



"Couple in gay marriage court case now licensed to wed; Lesbian couple who took their fight for marriage equality to the United States Supreme Court and won will wed Aug. 22": The Detroit Free Press has this news update.
Posted at 01:10 PM by Howard Bashman


"Kwame Kilpatrick loses appeals bid": The Detroit News has this report on a ruling that the U.S. Court of Appeals for the Sixth Circuit issued today.
Posted at 01:08 PM by Howard Bashman


"Appeals court orders life sentences for 5 Somali pirates": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued yesterday.
Posted at 12:58 PM by Howard Bashman


Thursday, August 13, 2015

"Why is DOJ fighting to keep mug shots out of reporters' hands?" Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.

My earlier coverage of yesterday's Sixth Circuit per curiam ruling appears at this link.
Posted at 09:02 PM by Howard Bashman



Ninth Circuit to consider imposing sanctions against U.S. Department of Justice attorney for "improper oral argument" based on a Los Angeles Times article published just days before oral argument: You can access at this link a rather interesting order that a unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

The Los Angeles Times article in question, as now available online, was headlined "Sex offender accused of assaulting teen was in U.S. illegally, officials say." The oral argument video can be viewed online at YouTube at this link, advanced to the precise moment where the Justice Department attorney begins to reference the article in question.

Circuit Judge Kim McLane Wardlaw, who presided over the Ninth Circuit's recent oral argument in the case, was the author of an opinion from 2013 that the identical three-judge panel issued requiring bond hearings for immigration detainees after 180 days. This blog's earlier coverage of that ruling can be accessed here.

During last month's Ninth Circuit oral argument in the case, it appears that the Justice Department's attorney was suggesting that the Ninth Circuit's 2013 ruling in the case helped bring about the resulting sex offender assault, while Judge Wardlaw maintained that it was the presiding Immigration Judge, also a Justice Department employee, who is responsible for letting a sex offender obtain bail under circumstances in which no reasonable jurist would find bail appropriate. In any event, the oral argument video shows that Judge Wardlaw was at least as familiar with the LA Times article as the arguing Justice Department attorney.

Update: In earlier coverage of the oral argument, Courthouse News Service reported that "DOJ Blasted for Timing and Use of News Story."
Posted at 08:50 PM by Howard Bashman



"U.S. court revives $45 mln patent verdict against Limelight": Reuters has this report on a unanimous en banc per curiam decision that the U.S. Court of Appeals for the Federal Circuit issued today.

And Bloomberg News reports that "Akamai Wins Appeal in $45.5 Million Limelight Patent Case."
Posted at 01:48 PM by Howard Bashman



"The Strangest Campaign Pledge: Why it makes sense to support a candidate who vows to straighten out democracy and then quit." Online today at Slate, law professor Eric Posner has an essay that begins, "On Tuesday Lawrence Lessig, a Harvard law professor, announced that he would run for president if he receives $1 million in donations by Labor Day."
Posted at 01:38 PM by Howard Bashman


"Connecticut Supreme Court Rules Death Penalty Unconstitutional, Bars Execution Of Any Inmate": Edmund H. Mahony of The Hartford Courant has this news update.

And The Associated Press reports that "Connecticut's top court overturns death penalty in state."

Today's 4-to-3 ruling of the Supreme Court of Connecticut consists of a 92-page majority opinion, two concurring opinions (here and here), and three dissenting opinions (here, here, and here).

Update: In other coverage, The New York Times reports that "Connecticut Death Penalty Law Is Unconstitutional, Court Rules."

Reuters reports that "Connecticut's top court bans death penalty in state."

And Chris McDaniel of BuzzFeed News reports that "Connecticut High Court Nixes Death Sentences For 11 Remaining Death Row Inmates."
Posted at 11:54 AM by Howard Bashman



"Clerk digs in, defies judge's gay marriage order": The Courier-Journal of Louisville, Kentucky has a news update that begins, "Despite a federal injunction, one same-sex couple has already been turned away from obtaining a marriage license at the Rowan County Clerk's Office."

And The Associated Press reports that "Clerk's office defies order; no same-sex marriage licenses."
Posted at 11:22 AM by Howard Bashman



"Gay Couple Wins Wedding Cake Court Of Appeals Ruling": Denver's CBS4 News has this report on a ruling that the Colorado Court of Appeals issued today.

And in other coverage, The Associated Press has a report headlined "Court: Baker who refused gay wedding cake can't cite beliefs."
Posted at 11:16 AM by Howard Bashman



"New law clerks begin work at Court": North Dakota Supreme Court News has this report. And from the accompanying photo, it appears that a sheet cake helped commemorate the occasion.
Posted at 09:20 AM by Howard Bashman


"Howard Shipley Joins Gordon & Rees as Partner in Washington, D.C. Office": You can view that law firm's news release at this link (via "Above the Law").
Posted at 09:12 AM by Howard Bashman


Wednesday, August 12, 2015

"Inside John Roberts' Decades-Long Crusade Against the Voting Rights Act": Ari Berman has this article online at Politico Magazine.

And Berman was law professor Rick Hasen's guest on the inaugural ELB Podcast, which you can access via this post at the "Election Law Blog."
Posted at 11:54 PM by Howard Bashman



"[W]e hold that an unaccepted offer of judgment cannot moot a named-plaintiff's claim in a putative class action": So held a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit in a ruling issued today.
Posted at 11:18 PM by Howard Bashman


"On Johnson retroactivity, the Eleventh Circuit splits with the Seventh Circuit": Brian Toth has this post today at the "Southern District of Florida" blog.

You can access today's order of a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 10:32 PM by Howard Bashman



"When Innocence Is No Defense": Law professor Julie Seaman has this op-ed in today's edition of The New York Times.
Posted at 10:09 PM by Howard Bashman


"The Process of Marriage Equality": Law professors Josh Blackman and Howard M. Wasserman have posted this article online at SSRN.
Posted at 08:12 PM by Howard Bashman


"Judge: Clerk must issue gay marriage licenses." The Louisville Courier-Journal has this news update.

And The Associated Press reports that "Judge orders Kentucky clerk to issue gay marriage licenses."

You can access today's ruling of the U.S. District Court for the Eastern District of Kentucky at this link.
Posted at 08:00 PM by Howard Bashman



"14-year-old raped during botched sting can sue Madison County school board": AL.com has this report.

And The Associated Press has a report headlined "Court: Suit over using teen as bait in sex sting can proceed."

You can access today's 75-page ruling of a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit at this link.
Posted at 07:45 PM by Howard Bashman



"Federal court: Anti-Muslim group can't post ads on buses." The Associated Press has this report.

And Courthouse News Service reports that "Anti-Muslim Group's Misleading Terrorist Ad Won't Run in Wash."

You can access today's ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.
Posted at 07:28 PM by Howard Bashman



"Free Press wins appeal over release of mug shots": The Detroit Free Press has this news update.

The Detroit News has an update headlined "Release mug shots, federal appeals panel says."

And The Associated Press reports that "Detroit newspaper wins appeal over getting federal mug shots."

You can access today's per curiam ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 07:20 PM by Howard Bashman



"Mississippi Ban on Adoptions by Same-Sex Couples Is Challenged": Tamar Lewin will have this article in Thursday's edition of The New York Times.

And Reuters reports that "Suit challenges Mississippi ban on adoption by same-sex couples."
Posted at 02:58 PM by Howard Bashman



"U.S. government appeals judge's ruling over 2008 AIG bailout": Reuters has this report.
Posted at 01:56 PM by Howard Bashman


"Why the Leo Frank lynching resonates a century later: A conversation with Steve Oney, author of the definitive account of the secretive hanging in Marietta that was never prosecuted and amounted to an attack on Georgia's justice system." Rebecca Burns has this article online at Atlanta magazine.
Posted at 01:55 PM by Howard Bashman


"Bridging the Debate Over Florida's 'Docs vs. Glocks' Law: An appeals court just ruled that the state is allowed to ban physicians from talking about guns with their patients; But educating doctors about firearms could lead to an honest conversation about health risks with gun owners." Adam Weinstein has this commentary online at The Trace.
Posted at 01:50 PM by Howard Bashman


"Why Three Counties That Loved the Death Penalty Have Almost Stopped Pursuing It; A closer look at get-tough DAs": Simone Seiver of The Marshall Project has this report.

And online at The Conversation, law professor Brandon L. Garrett has an article headlined "Coerced confessions and jailhouse snitches: why the death penalty is so flawed."
Posted at 01:44 PM by Howard Bashman



"N.F.L.'s Bogus Settlement for Brain-Damaged Former Players": Columnist Joe Nocera has this op-ed in today's edition of The New York Times. The U.S. Court of Appeals for the Third Circuit now has pending before it objectors' appeals challenging the trial court's approval of the settlement.
Posted at 09:00 AM by Howard Bashman


Tuesday, August 11, 2015

"First-filed rule dooms banana farmers' pesticide suit -- 3rd Circuit": Reuters has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued today.
Posted at 11:15 PM by Howard Bashman


"Federal appeals court hears arguments on polar bear habitat": The Associated Press has this report on an appeal orally argued today before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

You can view the oral argument video on YouTube by clicking here.
Posted at 11:10 PM by Howard Bashman



"New Mexico court strikes down ruling that allowed assisted-suicide; Decision a blow to right-to-die movement in one of few states permitting euthanasia": Valerie Richardson of The Washington Times has this news update.

And The Associated Press reports that "New Mexico Court of Appeals strikes down ruling that essentially allowed assisted suicides."

You can access today's ruling of a divided three-judge panel of the New Mexico Court of Appeals, in which each of the judges wrote separately, at this link.
Posted at 10:22 PM by Howard Bashman



"Any Sexual Abuse by Guards May Violate Inmates' Rights, Court Says": Stephanie Clifford will have this article in Wednesday's edition of The New York Times.

You can access today's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:14 PM by Howard Bashman



"D.C. Circuit takes broad view of attorney privilege, bails out KBR -- again": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.

My earlier coverage of today's D.C. Circuit ruling appears at this link.
Posted at 09:45 PM by Howard Bashman



"Chastened Ex-Blogger Urges Other Judges to Use Social Media": Tony Mauro of The National Law Journal has an article that begins, "A month after U.S. District Judge Richard Kopf of Nebraska abruptly shut down his controversial blog, he still believes federal judges and even Supreme Court justices would do 'far more good than harm' if they publicly blogged and tweeted."

You can freely access the full text of the article via Google News.
Posted at 06:15 PM by Howard Bashman



"Judges eye legality of grand jury process in Penn State case": The Associated Press has this report.

And The Patriot-News of Harrisburg, Pennsylvania has an update headlined "Court hears arguments in appeal in Penn State cover-up case."
Posted at 03:02 PM by Howard Bashman



It's same-sex marriage decision day in the Eighth Circuit: Today the U.S. Court of Appeals for the Eighth Circuit issued per curiam decisions addressing the same-sex marriage bans of Arkansas, Nebraska, and South Dakota.
Posted at 01:55 PM by Howard Bashman


"DC Circ. Upholds KBR Doc Privilege In Iraq War FCA Suit": Law360.com has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.
Posted at 01:50 PM by Howard Bashman


"Judge orders jail to deliver mail to inmates after complaint from ACLU": Gannett Michigan had this report in April 2014.

Today. a unanimous three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued this decision affirming the preliminary injunction.
Posted at 01:38 PM by Howard Bashman



"Law School's Lessig Considers White House Bid": Andrew M. Duehren of The Harvard Crimson has this report.
Posted at 01:33 PM by Howard Bashman


"SCOTUSblog on camera: Walter Dellinger (Part three)." This post, the third of five parts, appears today at "SCOTUSblog."
Posted at 01:10 PM by Howard Bashman


Why a Third Circuit panel decided a Fourth Circuit appeal: According to Virginia Lawyers Weekly, Fourth Circuit "Judge G. Steven Agee is married to Nancy Howell Agee, the CEO of [defendant/appellee] Carilion Clinic."
Posted at 01:04 PM by Howard Bashman


"Third Circuit Oral Arguments Coming Soon to YouTube?" This month's installment of my "Upon Further Review" column appears in today's edition of The Legal Intelligencer, Philadelphia's daily newspaper for lawyers.

You can freely access the full text of this month's column via Google News.
Posted at 09:20 AM by Howard Bashman



"Democrats urge 'fair, and open hearings' on Supreme Court justice": Jim Nolan of The Richmond Times-Dispatch has this report.
Posted at 09:15 AM by Howard Bashman


"Full Federal Circuit upholds International Trade Commission on patent ruling": Reuters has this report on an en banc ruling that the U.S. Court of Appeals for the Federal Circuit issued yesterday.
Posted at 09:14 AM by Howard Bashman


"Appeals court won't reconsider ex-Virginia governor's case": The Associated Press has this report.

And Frank Green of The Richmond Times-Dispatch reports that "Appeals court turns down Bob McDonnell's request for rehearing."

You can access today's order of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 09:08 AM by Howard Bashman



"Foes of solitary confinement see hope in Kennedy comments": Sam Hananel of The Associated Press has this report.
Posted at 09:06 AM by Howard Bashman


"States, religious groups, colleges, retirement homes file Supreme Court briefs; All oppose government-forced birth control rule on religious institutions": Cheryl Wetzstein of The Washington Times has this report.
Posted at 09:04 AM by Howard Bashman


Third Circuit judges resolve Fourth Circuit appeal: Three judges serving on the U.S. Court of Appeals for the Third Circuit yesterday issued this ruling of the U.S. Court of Appeals for the Fourth Circuit.
Posted at 09:00 AM by Howard Bashman


"9th Circuit orders EPA to act on neurotoxin ban": Reuters has this report on a mandamus ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 08:52 AM by Howard Bashman


"Ruling could get man off death row for drug-related killing": Howard Fischer of The Arizona Daily Star had this article back in December 2014 reporting on the ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued.

Yesterday, the Ninth Circuit issued an order granting rehearing en banc in the case.
Posted at 08:50 AM by Howard Bashman



Monday, August 10, 2015

"Argentina Bonds Judge Rebuked in Rare Court Win for Nation": Bloomberg News has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 11:52 PM by Howard Bashman


"Harvard Law professor Lawrence Lessig exploring White House bid": Nancy Scola of Politico.com has this report.

And Sam Stein of The Huffington Post has an article headlined "Larry Lessig Believes Democracy Is Screwed. So He's Running For President To Save It. The Harvard legal scholar promised to quit if he passes his reform agenda."
Posted at 11:42 PM by Howard Bashman



"Issue of where to move Guantanamo detainees threatens closure plan": Adam Goldman and Missy Ryan will have this article in Tuesday's edition of The Washington Post.
Posted at 11:09 PM by Howard Bashman


"Transgender inmate 'kind of in shock' about state decision to allow surgery": Bob Egelko has this blog post today at The San Francisco Chronicle.
Posted at 11:06 PM by Howard Bashman


"Ohio judges who perform weddings can't refuse to marry same-sex couples": The Columbus Dispatch has this news update reporting on an advisory opinion that the Board of Professional Conduct of the Supreme Court of Ohio issued on Friday.
Posted at 09:06 PM by Howard Bashman


"New or forthcoming books on the Supreme Court, including one by Justice Stephen Breyer": Ronald Collins has this post today at "SCOTUSblog."
Posted at 05:30 PM by Howard Bashman


"Industry, States Set to Fight EPA Greenhouse Gas Rules; Lawsuits would challenge rules requiring significant cuts in power-plant carbon emissions": Brent Kendall and Amy Harder have this article in today's edition of The Wall Street Journal. You can freely access the full text of the article via Google.
Posted at 05:28 PM by Howard Bashman


"Ninth Circuit Gives Unmarried Couples Double The Mortgage Interest Deduction Available To Married Couples": Paul Caron has this post today at "TaxProf Blog" about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued on Friday.

Because a judge sitting by designation from another circuit provided the decisive vote on the three-judge panel, the case could have a better than average chance of attaining rehearing en banc should the IRS opt to pursue that remedy.
Posted at 12:01 PM by Howard Bashman



"Partisan Attacks on Voting Rights Tested in Court": Kenneth Jost had this post yesterday at his blog, "Jost on Justice."
Posted at 11:56 AM by Howard Bashman


"D.C. Circuit won't rehear 'origination clause' suit against Obamacare; Plaintiffs will take fight to Supreme Court": Tom Howell Jr. of The Washington Times has this report.

At "SCOTUSblog," Lyle Denniston has a post titled "Health insurance mandate survives again."

And at ThinkProgress, Ian Millhiser has a post titled "Conservative Federal Judges Wave The White Flag On Obamacare."

My earlier coverage of Friday's D.C. Circuit order can be accessed here.
Posted at 11:44 AM by Howard Bashman



"We consider the constitutionality of a decision to impound a vehicle based on a community-caretaking justification. Such impoundments have been the topic of substantial debate and disagreement among our sibling circuits." So began a decision that a unanimous three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued on Friday.
Posted at 09:14 AM by Howard Bashman


"In a first, California agrees to pay for transgender inmate's sex reassignment": The Los Angeles Times has this report.
Posted at 09:08 AM by Howard Bashman


"Springfield panhandling ordinance ruled unconstitutional": Illinois Times has this report on an opinion on panel rehearing that the U.S. Court of Appeals for the Seventh Circuit issued Friday.

Josh Blackman discusses Friday's ruling in a blog post titled "7th Circuit Invalidates Anti-Panhandling Ordinances After Reed v. Town of Gilbert."
Posted at 08:56 AM by Howard Bashman



"2nd Circuit Withdraws Earlier License Plate Opinion In Light of Supreme Court's Walker Decision": Howard Friedman had this post late Saturday night at his "Religion Clause" blog about a summary order that the U.S. Court of Appeals for the Second Circuit issued last Wednesday.
Posted at 08:47 AM by Howard Bashman


"In this appeal we consider whether a hyperlink to a document containing a forum selection clause may be used to reasonably communicate that clause to a consumer." So began a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued on Friday. The panel answered the question "yes," requiring the plaintiff to litigate her case in Canada.
Posted at 08:42 AM by Howard Bashman


Sunday, August 9, 2015

"U.S. 'supermax' prison: 'Alcatraz of the Rockies' is seen as 'inhuman and degrading.'" Richard A. Serrano has this front page article in today's edition of The Los Angeles Times.
Posted at 11:34 PM by Howard Bashman


"Court Says 4 Catholic Nonprofits Must Allow Workers Access to Contraception": This article appeared in yesterday's edition of The New York Times.

You can access Friday's ruling of the U.S. Court of Appeals for the Second Circuit at this link.
Posted at 10:23 PM by Howard Bashman



"Justices speak out about death penalty, but executions go on": Mark Sherman of The Associated Press has this report.
Posted at 10:15 PM by Howard Bashman


"If Kennedy is looking for a solitary-confinement case, an inmate has one": Robert Barnes will have this article in Monday's edition of The Washington Post.
Posted at 10:12 PM by Howard Bashman


"A Limited Victory for Voting Rights in Texas": Lincoln Caplan had this post online recently at The New Yorker.
Posted at 10:09 PM by Howard Bashman


Friday, August 7, 2015

"Divided DC Circuit Queues Up New Major Obamacare Case for Possible SCOTUS Review": Rick Hasen has this post at his "Election Law Blog" about today's order of the U.S. Court of Appeals for the D.C. Circuit denying rehearing en banc in Sissel v. U.S. Dep't of Health and Human Servs., and the lengthy statements concurring in and dissenting from that order.
Posted at 01:12 PM by Howard Bashman


Thursday, August 6, 2015

"Maine's high court spurns LePage in veto dispute; The Maine Supreme Judicial Court says the governor misread the Maine Constitution as it rules in favor of the Legislature in a dispute over 65 new laws": The Portland Press Herald has this news update.

Reuters reports that "Maine court upholds 65 new laws after governor misses veto deadline."

And The Associated Press has a report headlined "Maine court: 65 bills are law after LePage misses deadline."

You can access today's ruling of the Supreme Judicial Court of Maine at this link.
Posted at 10:18 PM by Howard Bashman



"Elmo Accuser Acted Too Late on Teen Sex Claims": Courthouse News Service has this report today on a ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.
Posted at 10:12 PM by Howard Bashman


"The Supreme Court's Gap on Race and Juries": Linda Greenhouse has this essay online today at The New York Times.
Posted at 09:10 PM by Howard Bashman


"Native Americans lose fight for long hair in prisons": The Associated Press has this report on a per curiam decision and a slightly revised reinstated ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.
Posted at 09:00 PM by Howard Bashman


"Appeals Court Ruling Sets Higher Bar for Cellphone Searches; Federal agents violated suspects' rights in obtaining records without a warrant": Joe Palazzolo has this article in today's edition of The Wall Street Journal. You can freely access the full text of the article via Google.

Jonathan Stempel of Reuters reports that "US court says warrant needed for mobile phone location data."

The Associated Press reports that "Appeals court rules warrant required for cellphone tracking."

David Kravets of Ars Technica reports that "Warrant required for mobile phone location tracking, US appeals court rules; Fed's position would 'convert an individual's cell phone into a tracking device.'"

And at "The Volokh Conspiracy," Orin Kerr has posts titled "Fourth Circuit adopts mosaic theory, holds that obtaining 'extended' cell-site records requires a warrant" and "When and how will the Supreme Court enter the cell-site fray?"

You can access yesterday's ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
Posted at 08:44 PM by Howard Bashman



"Abortion and the law: The eighth circuit court embarrasses itself." Steven Mazie had this post yesterday at the "Democracy in America" blog of The Economist.
Posted at 02:20 PM by Howard Bashman


"Supreme Court Bar Engages in Some Back-Scratching": Law professor Noah Feldman has this essay online at Bloomberg View.
Posted at 02:18 PM by Howard Bashman


"SCOTUSblog on camera: Walter Dellinger (Part two)." This post, the second of five parts, appeared yesterday at "SCOTUSblog."
Posted at 02:15 PM by Howard Bashman


"Texas ID Law Called Breach of Voting Rights Act": Erik Eckholm has this front page article in today's edition of The New York Times.

In today's edition of The Wall Street Journal, Jess Bravin has an article headlined "Appeals Court Rules Texas Voter-ID Law Must Be Relaxed; Fifth Circuit says current requirements illegally obstruct blacks and Hispanics from voting."

Timothy M. Phelps of The Los Angeles Times reports that "U.S. appeals court declares Texas voter ID law discriminatory."

Reuters reports that "Appeals court strikes down 'discriminatory' Texas voter ID law."

The Associated Press has reports headlined "Federal court says Texas voter ID violates Voting Rights Act" and "How latest federal court ruling affects Texas' voter ID law."

Bloomberg News reports that "Texas Voter ID Law Found to Discriminate Against Minorities."

Ryan J. Reilly and Samantha Lachman of The Huffington Post report that "Federal Appeals Court Rules Texas Voter ID Law Violates Voting Rights Act; The law is one of the nation's strictest."

The Texas Tribune has a report headlined "Court: Texas Voter ID Law Violates Voting Rights Act."

And today at "SCOTUSblog," Lyle Denniston has a post titled "Texas voter ID law ruled invalid -- in part."

You can access yesterday's ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.
Posted at 02:14 PM by Howard Bashman



"Senate splits town, leaves judicial nominees hanging": Al Kamen of The Washington Post has this entry today at his "In the Loop" blog.
Posted at 01:42 PM by Howard Bashman


Programming note: Due to a meeting out of the office this morning on a new case, additional posts will not appear here until this afternoon.

As always, in the interim, additional appellate-related news may appear on this blog's Twitter feed.
Posted at 07:28 AM by Howard Bashman



Wednesday, August 5, 2015

"Mortgage lender attacks CFPB's constitutionality at D.C. Circuit": Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 11:58 PM by Howard Bashman


"A Little-Noticed Supreme Court Case Could Deny Justice For Sandra Bland; The court in June immunized jail officials who failed to prevent an inmate's suicide": Cristian Farias has this article online today at The Huffington Post.
Posted at 11:48 PM by Howard Bashman


Tuesday, August 4, 2015

"IRS commissioner promises not to revoke tax-exempt status of colleges that oppose gay marriage": The Washington Post has this report.
Posted at 08:05 PM by Howard Bashman


"SCOTUSblog on camera: Walter Dellinger (Part one)." This post, the first of five parts, appears today at "SCOTUSblog."
Posted at 07:54 PM by Howard Bashman


"California to drop appeal of court ruling allowing felons to vote": Reuters has this report.

And The Sacramento Bee has a news update headlined "Thousands of California felons keep right to vote after Padilla announcement."

Update: In other coverage, The Los Angeles Times reports that "California could allow more felons to vote, in major shift."

The Oakland Tribune reports that "Voting rights to be restored for tens of thousands of felons in California."

And The San Francisco Chronicle reports that "Voting rights intact for lower-level California felons."
Posted at 05:58 PM by Howard Bashman



"Ex-Illinois Gov. Blagojevich asks full court to hear appeal": The Associated Press has this report.

You can view at this link the petition for rehearing en banc filed today in the U.S. Court of Appeals for the Seventh Circuit.
Posted at 03:25 PM by Howard Bashman



"Appellate court upholds dismissal of Oklahoma license plate lawsuit": The Oklahoman has a news update that begins, "The 10th Circuit Court of Appeals on Tuesday upheld a federal judge's dismissal of a Bethany pastor's lawsuit over the Native American imagery on Oklahoma license plates."

You can access today's ruling of the U.S. Court of Appeals for the Tenth Circuit at this link.
Posted at 03:18 PM by Howard Bashman



"How to Save the Voting Rights Act: We need to stop trying to untangle racism and partisanship by agreeing on one simple idea." Law professor Richard L. Hasen -- author of the "Election Law Blog" -- has this essay online today at Slate.
Posted at 02:00 PM by Howard Bashman


"U.S. Appeals Court reduces damages in Carnegie Mellon patent infringement case": The Pittsburgh Tribune-Review has this news update.

Torsten Ove of The Pittsburgh Post-Gazette has a news update headlined "Damages reduced in Carnegie Mellon patent case against California firm."

Jonathan Stempel of Reuters reports that "Marvell Technology wins cut in $1.54 billion Carnegie Mellon patent award."

Susan Decker of Bloomberg News reports that "Marvell Gets Reduced Damages in $1.17 Billion Patent Verdict."

And at "Patently-O," Dennis Crouch has a post titled "Marvell v. Carnegie Mellon: $300 million is a lot, but not $1.5 billion."

You can access today's ruling of the U.S. Court of Appeals for the Federal Circuit at this link.
Posted at 01:54 PM by Howard Bashman



"U.S. court rejects Ecuador challenge to $96 million Chevron award": Reuters has this report.

And The Associated Press reports that "Court upholds $96M award to Chevron in dispute with Ecuador."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:44 PM by Howard Bashman



"U.S. appeals court revives lawsuits against Visa, Mastercard": Reuters has this report.

And The Associated Press reports that "Appeals court revives antitrust lawsuit over ATM fees."

You can access today's ruling of the U.S. Court of Appeals for the D.C. Circuit at this link.
Posted at 01:40 PM by Howard Bashman



"School dean spread sex slander against ex-mistress: lawsuit." This article appeared in The New York Post in January 2014.

Thereafter, the U.S. District Court for the Eastern District of New York dismissed the suit as untimely. Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued a decision reinstating a portion of the plaintiff's suit.
Posted at 01:34 PM by Howard Bashman



"Appeals court reinstates trucker lawsuit over NY road tolls": The Associated Press has this report on a ruling that the U.S. Court of Appeals for the Second Circuit issued today.
Posted at 01:28 PM by Howard Bashman


"How the Supreme Court Made It Legal for Cops to Pull You Over for Just About Anything; Even hanging an air freshener": Ken Armstrong has this article online at The Marshall Project.
Posted at 10:44 AM by Howard Bashman


"Constitution Check: Does cellphone privacy follow its owner's wanderings?" Lyle Denniston has this post today at the "Constitution Daily" blog of the National Constitution Center.
Posted at 10:42 AM by Howard Bashman


"Governor slams GOP plan to oust his pick from Va. Supreme Court": In today's edition of The Richmond Times-Dispatch, Jim Nolan has a front page article that begins, "Gov. Terry McAuliffe blasted Republican legislative leaders Monday for saying they will replace his newly appointed Virginia Supreme Court justice, Jane Marum Roush, with another jurist when the General Assembly reconvenes in special session this month."
Posted at 10:38 AM by Howard Bashman


"Federal appeals court: $41M award against Connecticut school might discourage trips abroad." The Associated Press has a report that begins, "A New York federal appeals court asked the Connecticut Supreme Court on Monday to help it decide the validity of a $41.5 million jury award to the family of a student injured on a trip to China, saying such a stiff penalty might discourage educational trips."

My earlier coverage of yesterday's Second Circuit ruling appears at this link.
Posted at 10:32 AM by Howard Bashman



"Alabama probate judge asks state supreme court to issue 'landmark' ruling against gay marriage": Kent Faulk of The Birmingham News has this report.
Posted at 10:06 AM by Howard Bashman


Monday, August 3, 2015

"Solitary Confinement: Punished for Life." This article will appear in Tuesday's edition of The New York Times.
Posted at 10:55 PM by Howard Bashman


"Imports of Digital Goods Face Test; Court to decide if ITC has power to halt digital transmissions in trade dispute over orthodontic devices": Brent Kendall has this article in today's edition of The Wall Street Journal.
Posted at 08:33 PM by Howard Bashman


"Republicans plan to oust McAuliffe's choice for Virginia Supreme Court": Jim Nolan of The Richmond Times-Dispatch has a news update that begins, "Republican leaders in the GOP-controlled Virginia General Assembly announced that they would not certify Gov. Terry McAuliffe's choice to fill a vacancy on the Supreme Court of Virginia and will instead certify another judge in her place."

And The Washington Post has a news update headlined "Va. Republicans to oust McAuliffe's Supreme Court pick, install their own."
Posted at 08:32 PM by Howard Bashman



"Appeals Court to Hear Arguments Over FCC's Net-Neutrality Rules; The U.S. Court of Appeals for the District of Columbia Circuit schedules a Dec. 4 oral-argument date": Brent Kendall of The Wall Street Journal has this report.
Posted at 08:25 PM by Howard Bashman


"Jim Harbaugh Huddles With the Supreme Court; The unusual off-season for Michigan's new football coach culminates with meeting five Justices; converting Justice Thomas on the Wolverines": Ben Cohen and Jonathan Clegg of The Wall Street Journal have this report.
Posted at 08:07 PM by Howard Bashman


"Civil liberties groups: Freedom at stake in 2nd Circuit seized hard drive case." Alison Frankel's "On the Case" from Thomson Reuters News & Insight has this report today.
Posted at 08:02 PM by Howard Bashman


In recent posts from Kenneth Jost at "Jost On Justice": Yesterday, he had a post titled "Marriage Equality: A Work in Progress."

And last Sunday he had a post titled "Heat, Not Light, on Changing Supreme Court."
Posted at 04:18 PM by Howard Bashman



"'Building Block 4' cut seen as pre-emptive move for high court": Jeremy P. Jacobs of Greenwire has this report today.
Posted at 04:15 PM by Howard Bashman


"A Great Legal Job, Or The Greatest Legal Job?" David Lat has this post today at "Above the Law" about a panel presentation titled "Supreme Advocate: Solicitors General Reflect on the Supreme Court As It Was, Is, and Will Be" at the 2015 ABA Annual Meeting.

And in other coverage, the ABA issued a related news release titled "Four Solicitors General remember their time advocating for the government and 'playing traffic cop.'"
Posted at 04:05 PM by Howard Bashman



"Jury Awards Disabled Former Student $41.75 Million In Suit Against Hotchkiss School; Cara Munn Contracted Encephalitis On School Trip To China": This article appeared in The Hartford Courant back in March 2013. ,

Today, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit issued this ruling on the school's appeal certifying certain questions to the Supreme Court of Connecticut.
Posted at 01:20 PM by Howard Bashman



"Ex-Justice Dept. Officials Argue Against Federal Prosecutors in Supreme Court Brief": Adam Liptak will have this new installment of his "Sidebar" column in Tuesday's edition of The New York Times.
Posted at 11:26 AM by Howard Bashman


"FAN 70.1 (First Amendment News) Amarin v. FDA -- Important Commercial Speech Case May be Decided Soon": Ronald K.L. Collins has this post today at "Concurring Opinions."
Posted at 08:40 AM by Howard Bashman


"The Hell You Say: The new battles over free speech are fierce, but who is censoring whom?" Kelefa Sanneh has this article in the August 10, 2015 issue of The New Yorker.
Posted at 08:37 AM by Howard Bashman


"Ex-Free Press reporter wins fight to keep source secret": The Detroit Free Press has this report.

And The Detroit News reports that "Court rules against bid to unmask Free Press tipster."

You can access Friday's ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.
Posted at 08:32 AM by Howard Bashman



"Prosecutors faulted in reversal of Vegas mortgage fraud conviction": The Las Vegas Review-Journal has this report on a ruling that the U.S. Court of Appeals for the Ninth Circuit issued last Friday.
Posted at 08:27 AM by Howard Bashman


Sunday, August 2, 2015

"Howell lawn-mowing suit could head to Supreme Court": The Livingston (Mich.) Daily Press & Argus has this report about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued last week.
Posted at 10:48 PM by Howard Bashman


"Rights and legislation: Can Congress over-ride a Supreme Court decision?" Steven Mazie recently had this post at the "Democracy in America" blog of The Economist.
Posted at 10:42 PM by Howard Bashman


"Warrantless mobile phone location tracking heads to Supreme Court; Will the justices rule for the government or Fourth Amendment privacy?" David Kravets of Ars Technica has this report.
Posted at 10:40 PM by Howard Bashman


"2 Proud Daughters of the Bronx Share More Than a Name": This new installment of David Gonzalez's "Side Street" column will appear in Monday's edition of The New York Times.
Posted at 05:55 PM by Howard Bashman


Saturday, August 1, 2015

"Appeals Court: EPD not shielded from liability in SWAT raid lawsuit." The Evansville (Ind.) Courier & Press has this report on a ruling that Circuit Judge Richard A. Posner issued yesterday on behalf of a unanimous three-judge panel of the U.S. Court of Appeals for the Seventh Circuit.
Posted at 09:00 PM by Howard Bashman


"Undermining Our Third Branch and Delaying Justice": U.S. Senator Patrick Leahy (D-VT) has this blog entry at The Huffington Post.

And online at The Des Moines Register, law professor Carl Tobias has a letter to the editor titled "Grassley continues confirmation wars on judges."
Posted at 08:40 PM by Howard Bashman



"John Paul Stevens says he likes Chief Justice Roberts' style": James Podgers of ABA Journal has this blog post today.

You can view the prepared text of Justice Stevens' remarks at this link.
Posted at 08:20 PM by Howard Bashman



"Hollywood Docket: Ray Charles' Children See Song Rights Win Overturned by Appeals Court." Austin Siegemund-Broka has this post at the "THR, Esq." blog of The Hollywood Reporter about a ruling that the U.S. Court of Appeals for the Ninth Circuit issued yesterday.
Posted at 08:14 PM by Howard Bashman


"New Supreme Court appointee blogged on Khadr, called Trudeau 'unspeakably awful,' hoped for Harper majority": In today's edition of The Ottawa Citizen, Glen McGregor has an article that begins, "Prime Minister Stephen Harper's latest appointment to the Supreme Court was a prolific blogger who regularly offered opinions on Senate reform, the federal government's role in health care, elections law, the Omar Khadr case and other matters that could now come before him in his new role on the bench."

And Sean Fine of The Toronto Globe and Mail has an article headlined "Law school blog sheds light on Supreme Court's newest judge."
Posted at 05:42 PM by Howard Bashman



"Why we should ignore Justice Scalia's nasty zingers": David Kravitz has this essay online at The Washington Post.
Posted at 05:36 PM by Howard Bashman






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